File #: Ord 2516    Version: 1 Name: Early Grading Permits
Type: Ordinance Status: Passed
File created: 4/20/2023 In control: City Council
On agenda: 8/14/2023 Final action: 8/14/2023
Title: SECOND AND FINAL READING OF AN ORDINANCE ADDING SECTION 21-3219 AND AMENDING SECTION 21-3200 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE ALLOWING FOR THE REVIEW AND APPROVAL OF EARLY GRADING PERMITS
Attachments: 1. Council Communication, 2. Ordinance 2516, 3. Staff Proposed Amendment, 4. Presentation
Title
SECOND AND FINAL READING OF AN ORDINANCE ADDING SECTION 21-3219 AND AMENDING SECTION 21-3200 OF THE CITY OF COMMERCE CITY LAND DEVELOPMENT CODE ALLOWING FOR THE REVIEW AND APPROVAL OF EARLY GRADING PERMITS

Body
Summary & Background
The Land Development Code (LDC) (Ordinance #1798) was adopted by City Council in January 2009 and went into effect on March 1, 2009. The 2009 Land Development Code was a comprehensive update to the Commerce City Zoning Ordinance, which included a wide variety of topics dealing with development and land use, such as application types, zoning districts, use standards, subdivision procedures, design standards and signs. The existing LDC and regulations guide development to ensure consistent and orderly processes. Amendments to the LDC are proposed to clarify and streamline processes and requirements for future development.

City of Commerce City staff have received increased inquiries by the development community requesting early grading of sites for planned developments. In order to facilitate development location and streamline processes with common procedures practiced by surrounding communities, ordinance 2516 adds Early Grading Permits to the LDC. Early Grading Permits provide the ability for project owners to begin grading of a property prior to final approval of an applicable Development Plan, PUD Development Permit, Plat, or final Construction Documents. Specifically, this permit allows for the clearing and grading of the property only. Any other work proposed requires a separate applicable permit. There are limitations to approval of an early grading permit however. There are eight proposed approval criteria outlining when an early grading permit may be applied for and approved, including the following;

1. Erosion and sediment control plans are submitted and comply with City standards;
2. The subject property is not part of any active public hearing (e.g. variances, zoning, and conditional uses);
3. A preliminary drai...

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